By Elizabeth A. Caruso, Esq.
This is a myth!
Creating an estate plan is a very personal journey that should be led by a professional. Just like the dangers of using “Dr. Google” to determine why your foot hurts and every article says you are dying, using “Attorney Google” to create your estate plan can have some disastrous results.
The biggest issue with using a template downloaded from the internet to create your estate planning documents is that you do not know if the information you are getting is state-specific. Massachusetts has different laws as to how estate planning documents are created and executed versus many other states. For example, a will in Massachusetts must be written and have two witnesses over the age of 18. Without those requirements, a will in Massachusetts is invalid. Other documents, like trusts and health care proxies need to have specific language in them to trigger the powers needed to assist you with your decision-making if you are unable to do so.
Another issue when using “Attorney Google” is the correct wording of documents. You may word how you want your estate to be distributed in an unclear or vague way that can cause issues down the road. An attorney is going to know the precise language to use in order to make your desired distribution clear.
Maybe you want to specifically leave someone out of your will. An attorney is going to know the precise statutory language to use to make sure there is no question as to whether that particular person should be included in your distribution.
Lastly, an attorney is going to know questions to ask you to make sure all bases are covered and can think of things to include to make sure there are no unanticipated issues with your estate plan. An attorney may ask you a lot of “what-if” questions to make sure that if some of the people you chose to distribute to pass away, the documents dictate where your assets should go instead. Any attorney is also likely to ask you if anyone who would receive assets from you is receiving state or federal benefits that could be jeopardized by an inheritance, and the right language to use to keep that from happening. “Attorney Google” is not going to know to anticipate these scenarios.
An elder law attorney can help you to create an estate plan that caters to your needs and is compliant with Massachusetts laws. Meeting with an elder law attorney can ensure you have all the important documents that you need to ensure your estate plan is complete.
About the Author: Elizabeth A. Caruso, Esq. is an attorney at Legacy Legal Planning, LLC, in Norwell. She has been practicing estate planning, probate, and elder law on the South Shore for more than a decade. If this article has sparked questions for you, please feel free to reach out via phone 781-971-5900 or email elizabeth@legacylegalplanning.com to schedule a time to discuss your unique situation.
